重点总结:
1. 暂停C8工卡申请,直到正向庇护处理时间降到180天以下,预计14-173年
Based on the data supporting this rule and the justification described here, DHS proposes to codify in regulation that it will pause acceptance of initial (c)(8) EAD applications from asylum applicants when the processing times of adjudications of affirmative asylum applications exceeds 180 days for a period of 90 consecutive days, until the USCIS processing time for adjudicating affirmative asylum applications is less than or equal to 180 days for a period of 90 consecutive days.
The pause on EAD application acceptances and processing may last from 14 to 173 years, or longer.
2. 工卡钟从180天提升到365天,工卡审批期限从30天提升到180天
With this background, DHS is proposing in this rule to extend the time period an asylum applicant must wait before he or she is eligible to be granted employment authorization based on a pending asylum application from 180 days to 365 calendar days.
不再分waiting period to apply(现150天)和waiting period to be eligible(现180天)两个时间点,均改365天
Thus, DHS proposes to codify in regulation that it will merge the waiting period to apply and the waiting period to be eligible into one, straight-forward timeline: 365 calendar days.
废除applicant-caused delays,即不存在工卡钟暂停
Under the proposed rule, USCIS will no longer have to account for alien-caused delays in calculating the 180-day Asylum EAD Clock, but will instead simply calculate 365 calendar days from the asylum application receipt date to determine when an alien can request employment authorization.
工卡审批期限从30天提升至180天
For initial applications for employment authorization received on or after the effective date of the final rule, DHS would extend the processing timeframe from 30 to 180 days.
Coupled with the 180-day adjudication timeframe, these changes could increase the total waiting period for an EAD to 545 days.
3. 废除I-589 30天未退回deemed complete
Currently, if USCIS fails to return an incomplete application within 30 days, the application will automatically be deemed complete and accepted for adjudication.
Therefore, the proposed regulations would treat asylum applications like all other applications received and adjudicated by USCIS, meaning that after the effective date of this rule incomplete asylum applications would not be deemed complete even if USCIS does not return a rejected application within 30 days of receipt. An alien should consider the filing date on their receipt notice as beginning the 365-day waiting period. If an application is subsequently rejected as incomplete and returned to the applicant, the 365-day waiting period will start over when the application is resubmitted, accepted, and receipted.
4. 过了一年期的申请一般不给工卡,非法入境未48小时内申请庇护的一般不给工卡
DHS proposes to exclude from (c)(8) EAD eligibility any alien whose asylum application is filed on or after the effective date of the final rule and more than 1 year after the alien’s arrival in the United States, unless an asylum officer or IJ determines that an exception to the 1-year filing deadline exists, or unless the alien is under USCIS’ initial jurisdiction as an unaccompanied alien child (UAC).
DHS proposes to exclude from (c)(8) EAD eligibility any alien who entered or attempted to enter the United States without inspection on or after the effective date of the final rule, unless the alien, without delay but no later than 48 hours after entry, expressed to an immigration officer an intention to apply for asylum or expressed to an immigration officer a fear of persecution or torture; or unless the alien establishes good cause for the illegal entry or attempted entry; or unless the alien meets the definition of, or at any time since their most recent entry was determined to be, a UAC as defined in 6 U.S.C. 279(g)(2).
大的终究还是来了
预定2月23日发布,60天评论期直到4月24日。